Panama ratified the Convention on the Rights of the Child in 1990 and adopted the full convention into its domestic law in 1990 through enacting legislation.

Child protection law is currently governed primarily by the Family Code of 1994; however, a new law is currently under consideration called the Law of the Fundamental Protection of the Child, which would include more fully developed child protection proceedings.

The Family Code does not clearly provide the child with the right to a representative. If the government is bringing the case, the government is, in a way, acting as the representative of the child. Sometimes there is a particular government agency attorney who acts as the attorney for the child specifically, but that does not tend to happen. The figure of the lawyer of the child will be included and more fully developed in the currently proposed law.

The child has a right per the Family Code to be heard by the judge. Generally the judge listens to the child with a psychologist. The right of the child to be heard will be reinforced by the proposed law.

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Statutes

The Family Code

Article 484. The present book regulates the rights and guarantees of the minor, understanding as such every type of human being from the moment of its conception until the age of 18 years.

Article 485. The state protects the physical, mental and moral health of the citizens and aliens found in its national territory and of the citizens that are to be found abroad and guarantees the right of these to a home, to food, to health and to education . . . .

Article 487. A minor will not be separated from his family, except in exceptional circumstances established in the law with the goal of protecting him.

Article 488. The dispositions of the present book should be interpreted in the best interests of the minor, in accordance with the general principals here established and those universally admitted by the Right of Minors.

Article 490. It is the right and obligation of the parents, the society and the State protect the birth and life of a child. The corresponding authorities and institutions will give them the protection and guidance that are necessary.

Article 532. Minors underage will enjoy the individual guarantees and processes recognized by the Constitution of the Republic and the Convention of the Rights of the Child.

Article 739. The processes and procedures of the family will be reserved and those involving minors, confidential; but will be open to all parties, representatives, family members, related lawyers, and people who, by discretion of the judge, are found to have legitimate interest in the case. All other acts and diligences such disposed by the law will also be reserved or confidential.

Article 740. The judges of the Family and of Minors will procure the most just and effective administration of justice and, to such an effect, will take special measures to employ in the procedures expedited and succinct formulas so as to clearly resolve the subject under their care with the most efficient process. In processes related to minors, the judge will decide predominantly according to the best interest of the child.

Article 744. Every process in which a minor is found to be involved, and only that which is related to this minor, with be the private jurisdiction of the Juvenile Court. The judicial authority, administrative authority or the police that know of the case should immediately put in under the order of a Judge of Minors.

Article 754. It is the role of the Regional Court of Minors to:

Know all the cases of minors that have committed infraction or have participated in them and all cases of minors in which they are found to be in especially difficult situations;

Attend to the complaints and accusations that are made about acts that put in danger the health or physical or moral development of a minor, adopting the necessary measures to put an end to such occurrences;

Adopt necessary measures of care for the treatment, reeducation, assistances and protection of minors, conforming to the dispositions of this Code;

Supply consent of the legal representative of the minor, when such a representative is unable to be present for whatever reason or declines to do so unjustifiably;

Fulfill all other necessary acts pertinent to the protection of minors as would a good parent of a family;

Know the affairs of minors that are not expressly attributed to another authority

Give the minors a family setting; . . .

Article 769. Minors will be able to be represented before the Jurisdiction of the Family and the Special Jurisdiction of Minors by parents or grandparents, by other close relatives, by those that have them in their care, and by the Public Defender of Minors, as well as their parents' legal representation.

Article 816. The special process of minors will be ruled by the following principles:

Presumption of being under age in the case of doubt

Preferential application

Presumption of innocence

Oral processes, being thereby unnecessary the presentation of briefs

Attendance of both offended parties, unless they obtain previous authorization from the Judge of Minors making such attendance unnecessary

The best interest of the minor

The ability to reform and revise the decisions and imposed measures

Right to not be deprived of their liberty without due process

Confidentiality and reserve

Respect of the right of defense

Irrevocability by the minor of their rights

Respect of their personality and physical, moral and family integrity

Article 818. The process in the case of minors will conform to the following rules:

Communication direct between the judge or functionary and the minor, parent, tutor or guardian or person whose appearance is deemed necessary

The role will be of a strictly confidential nature, without solemnity or formality and will occur in a simple and natural environment, including places that can be distinct from the courthouse, paying attention to the circumstances of the case

Article 820. When the Regional Court of Minors is aware that a minor is in especially difficult circumstances or that is accused of committing an infraction, it will directly investigate or investigate through the corresponding organs. Therefore, it will hear directly from the affected minor, from his/her parents, guardians or persons charge with his/her care and, in general, will take all the precautions that it deems necessary.

Article 821. After this interview, the judge will decide if the minor should be turned over to his/her parents, representatives or guardians in a permanent or provisional manner, or if he/she should be placed in another location or if his/her internment in a specific establishment is deemed necessary. . . .

Article 824. Having practiced the necessary probative diligence and given the evaluation of the interdisciplinary team, the judge will summon the parents, representatives or guardians of the minor, the social worker that has followed the case, and all other functionaries or person that he deems necessary, to which he will hear before deciding the necessary measure of care. The absence of one of the summoned will not impede the dictation of the corresponding resolution. The resolution will be able to be dictated at the hearing or within the following fifteen (15) days.

Article 825. The definitive resolutions about protection measures will contain a succinct description of the subject, a synthesis of the undertaken studies about the minor, the fundamental reasoning underlying the measure and the necessary indications as to the modality of its enactment. These measures will not be deemed judicial ruling.

Article 829. In those provinces and districts where the Court of Family and Minors functions, one or more lawyers from the office will be named to assume representation before the Court of Family and the Court of Minors, of citizens, families, minors or the disabled that lack the economic means to pay for services of a lawyer, when the case requires it, in accordance with this Code.

Article 830. To practice in the position of the lawyer of the Office of Family and Minors and the Defense of the Minor, the person must have graduated in law and possess the license to practice the profession of lawyer extended by the Supreme Court of Justice and possess five years of experience.

Article 833. The lawyers of the Office of Family and Minors and the Defenders of the Minor will not be able to practice another publicly remunerated position, nor charge fees or receive costs for the steps that they carry out in the fulfillment of their functions. The transgression of this prohibition will be sanctioned by the loss of the position.

Article 834. The lawyers of the Office of Family and Minors and the Public Defenders of Minors have the following functions

Lawyers of the Office of Family and Minors:

Offer free legal assistance for persons or families with limited resources who ask for it;

Defend minors and the disabled as required before the Court of Minors

Represent before the Family Court, as plaintiff or defendant, all those people who, by means of the corresponding socio-economic analysis, lack the means to pay for the services of a lawyer

c2 Render services in those processes designated by the Judges of Family and Minors;

Serve as free legal consultants at the offices for the family in the centers, homes and refuges of integral attention, custody, protection and education of minors, elderly, invalid, and other similar individuals;

To offer services of legal assistance to the family guidance and reconciliation centers;

To take a detailed registry of the cases under his/her care and render reports to the corresponding authorities when solicited.